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Summary of Amendments to CC&Rs for Golf

(Second Amended and Restated Declaration of Covenants, Conditions

And Restrictions for ACHOA)

In addition to changes made to CC&Rs generally in the non-golf amendment, • Delineation of HOA and The Club At ArrowCreek Property (Land & Structures) – Exhibit D and throughout document • Clarified several definitions within the document, including Common Area and Nonresidential Area. • Eliminated Equivalent Lots and their related assessments for The Club At ArrowCreek that will be covered under the lease arrangement. • The Purpose of the ArrowCreek Homeowners Association was clarified and compliance to NRS 82 and NRS 116 was determined as it relates to the Articles of Incorporation. • Clarified that Board Policies, Procedures and Guidelines will apply and that these documents can be modified over time without changing the CC&Rs. • Clarified Non-residential Areas (The Club At ArrowCreek) and the provisions within the document that apply. • Clarified that the encumbrance applies only to Common Area and no Deed of Trust will be applied to individual lot owners. • Clarifies certain Common Area access is restricted when Common Area leased.

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WHEN RECORDED, RETURN TO:

Maddox, Segerblom, and Canepa, LLP

c/o Eva G. Segerblom, Esq. 10403 Double R Blvd.

Reno, Nevada 89521

ARROWCREEK

SECOND AMENDED AND RESTATED DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS

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TABLE OF CONTENTS

ARTICLE I

COMPLIANCE WITH NRS CHAPTER 116 Page 8

Section 1. Applicability Page 8

Section 2. Definitions and Other Basic Provisions Page 8

Section 3. Lot Retirement Page 12

ARTICLE II

ARROWCREEK HOMEOWNERS ASSOCIATION Page 12

Section 1. Purpose Page 12

Section 2. Formation and Management Under Article 3 of NRS Chapter 116 Page 14

Section 3. Association Powers and Membership Page 14

Section 4. Officers and Members of the Board Page 15

Section 5. Budget Page 15

Section 6. Members’ Meetings Page 15

Section 7. Quorums and Voting Page 15

Section 8. Transfer of Voting Power Page 16

Section 9. Inspection of Association Books and Records Page 16

Section 10. Ownership of Common Area Page 16

Section 11. Notices Page 16

Section 12. Insurance Page 17

Section 13. Fines Page 17

Section 14. Rules and Regulations Page 17

Section 15. Other CC&Rs and Associations Page 17

ARTICLE III

ASSESSMENTS Page 17

Section 1. Agreement to Pay Page 17

Section 2. Personal Obligations Page 17

Section 3. Purpose and Amount of Assessments Page 18

Section 4. Annual Assessments Page 18

Section 5. Special Assessments Page 18

Section 6. Uniform Rate of Assessment Page 19

Section 7. Assessment Period Page 19

Section 8. Notice of Assessments: Time for Payment Page 19

Section 9. Statement of Account Page 19

Section 10. Collection of Assessments Page 20

Section 11. Lien of Assessments: Priority Page 20

Section 12. Exempt Property Page 20

Section 13. Suspension of Owner’s Rights Page 20

ARTICLE IV

PROPERTY USAGE Page 20

Section 1. Single-Family Only Page 20

Section 2. Business or Commercial Uses Page 21

Section 3. No Group Homes Page 21

Section 4. Corner Lot View Obstruction Page 21

Section 5. No Interference with Drainage Page 21

Section 6. Slope Stabilization Page 22

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TABLE OF CONTENTS (Cont'd.)

Section 7. Maintenance of Fences and Walls Page 22

Section 8. New Structures Only Page 22

Section 9. Square Footage Minimums Page 22

Section 10. Restriction on Number of Dwellings Page 22

Section 11. No Water Pollution Page 22

Section 12. No Garbage/Trash Receptacles Page 23

Section 13. Repair of Damaged Structures Page 23

Section 14. Nuisances Page 23

Section 15. Excavation Restrictions Page 23

Section 16. Paints and Finishes Page 23

Section 17. Storage Restrictions Page 24

Section 18. Prohibition on Clothes Lines Page 24

Section 19. Sign and Flag Restrictions Page 24

Section 20. Garage Requirements Page 24

Section 21. Separation of Ownership Page 24

Section 22. No Occupancy Without Certificate of Occupancy Page 24

Section 23. No Violation of Law Page 25

Section 24. Fire Control Maintenance Page 25

Section 25. Weeds Page 25

Section 26. Subdividing and Land Use Page 25

Section 27. Paved Surface Requirements Page 25

Section 28. Parking and Storage of Vehicles Page 25

Section 29. Water Usage Restrictions Page 26

Section 30. Completion of Construction Page 26

Section 31. Maintenance of Lots Page 26

Section 32. Dead Vegetation and Dead Limbs Page 27

Section 33. Disposal of Sanitary Waste Page 27

Section 34. Fences and Obstructions Page 27

Section 35. Animals Page 27

Section 36. Flags, Solar Panels and Antennae/Exterior Or

Roof-Mounted Equipment Page 28

Section 37. Pools, Sports and Play Equipment Page 29

Section 38. Defacing of Common Area Page 29

Section 39. Limited Access Page 29

Section 40. Golf Course Access Page 29

Section 41. Operation of Motor Vehicles Page 29

Section 42. Landscaping Page 30

Section 43. Commercial Leasing Page 30

Section 44. Impairment of Wildlife Page 30

Section 45. Disturbing Activities Page 30

Section 46. Discharge of Firearms, Weapons and/or Pyrotechnics Page 30

Section 47. No Temporary Structures Page 30

Section 48. Variances Page 31

ARTICLE V

ARCHITECTURAL STANDARDS Page 31

Section 1. Building Envelope Page 31

Section 2. Design Guidelines Page 31

Section 3. Views Page 32

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TABLE OF CONTENTS (Cont'd.)

ARTICLE VI

ARCHITECTURAL CONTROLS AND DESIGN REVIEW COMMITTEE Page 32

Section 1. Committee Establishment and Membership Page 32

Section 2. Written Approval of Plans Page 33

Section 3. ADRC Powers Page 33

Section 4. Time of Decision Page 33

Section 5. No Improvements Without Approval Page 34

Section 6. Grounds for Disapproval and Appeals Page 34

Section 7. Rules and Regulations Page 35

Section 8. Conformance to Plans Required Page 35

Section 9. Variances Page 36

Section 10. Certification of Compliance (COC) Page 36

Section 11. Compensation and Filing Fee Page 36

Section 12. Liability Page 36

Section 13. Enforcement Page 36

ARTICLE VII

PROVISIONS FOR NONRESIDENTIAL AREA USES Page 37

Section 1. Applicability of Declaration Page 37

Section 2. Membership in Association and Voting Power Page 37

Section 3. Association Easements to Nonresidential Areas Page 37

Section 4. Nonresidential Area Owner Easement to Association Page 38

Section 5. No Liability for Use of Certain Easements for Golf Course Page 38

Section 6. Access to The Club at ArrowCreek Page 39

Section 7. Golf Course View Impairment Page 39

Section 8. Limitation on Amendments Page 39

Section 9. Fire Control Maintenance and Weeds Page 39

Section 10. Shared Use of Storage Parcel Page 39

ARTICLE VIII

OTHER EASEMENTS Page 40

Section 1. Reservation Page 40

a. Utilities Page 40

b. Fencing Facing Common Area Page 40

c. Common Areas Page 40

d. Signs Page 41

e. Snow Plowing and Placement Page 41

f. Right of Entry Page 41

Section 2. Use or Maintenance by Owners Page 41

Section 3. Liability for Use of Easement Page 41

Section 4. Driveway and Landscaping Maintenance Easements Page 42

Section 5. Modification Page 42

ARTICLE IX

PROTECTION OF LENDERS Page 43

Section 1. Encumbrance of Lots Permitted Page 43

Section 2. Breach of Covenants Page 43

Section 3. Notice of Default Page 43

Section 4. Insurance Proceeds and Condemnation Awards Page 43

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TABLE OF CONTENTS (Cont'd.)

Section 5. Appearance at Meetings Page 43

Section 6. Examination of Records Page 43

ARTICLE X

COMPLIANCE WITH COUNTY CONDITIONS Page 43

Section 1. Perpetual Funding Page 43

Section 2. Enforcement of Special Assessment and Lien Provisions

by County Page 44

Section 3. Disclaimer of County Responsibility Page 44

Section 4. Public Access Easements Page 44

Section 5. Notice of Sewer User Fees Page 45

Section 6. Setbacks for Overhead Power Lines Page 45

Section 7. Notice of Pedestrian Access Page 45

Section 8. Limitation On Water Use/Lot Owner Liability For

Excess Water Rights Page 45

ARTICLE XI

MISCELLANEOUS GENERAL PROVISIONS Page 46

Section 1. Enforcement Page 46

Section 2. Suspension of Privileges Page 47

a. Notice Page 47

b. Opportunity to be Heard Page 47

Section 3. Severability Page 47

Section 4. Amendment Page 47

Section 5. Liability Page 48

Section 6. Attorney’s Fees and Costs Page 48

Section 7. Cumulative Rights/Waiver Page 48

Section 8. Grantee’s Acceptance Page 48

Section 9. Captions Page 48

Section 10. Use of the Words “Southwest Pointe” and “ArrowCreek” Page 49

Section 11. Interpretation Page 49

Section 12. Choice of Law/Venue Page 49

Section 13. Gender and Number Page 49

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EXHIBITS

Subdivision Property Description……………………………………………….………..“A”

Golf Course Property Description from original Declaration…………………….…..….“B”

Development Agreement Site Plan……………………………………………………....“C”

Golf Course Delineation of HOA and the Club at ArrowCreek Property…………….…“D”

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ARROWCREEK

SECOND AMENDED AND RESTATED

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

This Declaration is made this ___ day of ______________, 2015, by ARROWCREEK

HOMEOWNERS’ ASSOCIATION hereinafter referred to as “ASSOCIATION”.

WITNESSETH:

Whereas, the ASSOCIATION is a unit-owners’ association organized under NRS

116.3101. The real estate included in the common interest community over which the

Association has authority is more particularly described in Exhibit “A” attached hereto and fully

incorporated herein ("the Subdivision") by the ASSOCIATION.

Now therefore, the ASSOCIATION hereby declares that all of the real property in the

Subdivision, together with any and all improvements thereon and appurtenances thereunto, shall

be held, sold, leased, and conveyed subject to the following covenants, conditions, and

restrictions. These covenants, conditions and restrictions ("Declaration") are for the purpose of

protecting the value and desirability of the real property in the Subdivision. This Declaration

shall inure to the benefit and bind all parties having any right, title or interest in the real property

or any part thereof, their heirs, executors, administrators, successors and assigns.

Portions of this Declaration, as further specified herein, apply to and bind the

Nonresidential Area (as hereinafter defined). The boundary lines between the Nonresidential

Area and the Subdivision may be adjusted in the future on one or more occasions by mutual

consent of the ASSOCIATION, through written consent by a majority of Lot Owners, and the

affected owner of the Nonresidential Area. No such adjustment shall affect the rights and

obligations of any party hereto or any Lot Owner, and the "Subdivision" and the "Nonresidential

Area" shall mean the real property so defined herein, as adjusted by such boundary line

adjustments.

The provisions of this Declaration are intended to create mutual equitable servitudes upon

each of the lots and parcels in the Subdivision and the Nonresidential Area (as applicable) in

favor of each and all other lots and parcels; to create reciprocal rights between the respective

owners of all such lots and parcels; to create a privity of contract and estate between the grantees

of such lots and parcels, their heirs, successors and assigns; and shall, as to the owner of each lot

or parcel, its heirs, successors or assigns operate as covenants running with the land for the

benefit of each and all other lots and parcels in the Subdivision and Nonresidential Area and their

respective owners, present and future.

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ARTICLE I

GENERAL PROVISIONS/COMPLIANCE WITH NRS CHAPTER 116

Section 1. Applicability.

This Declaration is made in compliance with the Uniform Common-Interest Ownership

Act, Chapter 116 of the Nevada Revised Statutes (the "Act").

Section 2. Definitions and Other Basic Provisions.

The following terms as used in this Declaration are defined as follows:

a. “ADRC” means the standing ArrowCreek Design Review Committee.

b. “Appeal Panel” means the Panel that will hear appeals after the ADRC denies

a request by a Lot owner or its agent including a representative, builder or

attorney Builder. The Appeal Panel shall consist of 5 members including three

(3) Board members not on the ADRC and two (2) ADRC members.

c. “Articles” means the Articles of Incorporation for the Association.

d. “Association” or “ACHOA” means ArrowCreek Homeowners Inc., the

Homeowners Lot association, which is a Nevada corporation.

e. “Board” means the Board of Directors of the Association.

f. “Builder” means any person who purchases one or more lots for the purpose

of construction of a dwelling and other improvements for later sale to

homebuyers on parcels of land within the Subdivision.

g. “Bylaws” mean the Bylaws of the Association.

h. “Committee” means any Advisory Committee created by the Board who shall

appoint members as permitted by the “Bylaws.”

i. “Common Area” or “Common Elements” means all of the real property

designated as such in this Declaration or pursuant to final maps recorded

within the Subdivision; and all real property interests (e.g., fee title or

easements) acquired by the Association, with all improvements which may at

any time be located or constructed thereon and owned by the Association,

including, but not limited to the following types of improvements in the

Common Area: the land, holes and related infrastructure; Residents Club with

swim and tennis facilities: maintenance building; recreational and community

facilities; ponds; parks; paths; sidewalks; hiking trails; open space; basketball

courts; playgrounds; picnic areas; fences; gates and sub-gates; gatehouse;

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signage; entry ways; drainage ways and drainage facilities; detention ponds;

streets, curbs and fire evacuation roads; bridges; culverts; lighting; snow

removal and storage areas; landscaping; fire and fuel breaks; golf cart

crossings; residential and other parking areas; and surface water detention

areas.

j. “Declarant”, when used herein, means collectively the Southwest Pointe and

the Redfield Trust.

k. “Declaration” means this Declaration and any future amendments hereto.

l. “Design Guidelines” are developed by the ADRC for Board approval and are

used by Owners and Builders in planning and building residences, related

structures, exterior remodels and landscaping, including, without limitation,

any exterior modification to the property.

m. “Friends of ArrowCreek, LLC.” or “FOA” shall mean the owner of The Club

at ArrowCreek and owner of certain parcels and any successors or assignees.

n. “Golf Course” means up to 36 holes of golf within the Subdivision. The Golf

Course includes all facilities located or operated on Exhibit “D”, including

without limitation the golf holes, driving range, cart paths, ponds and streams,

clubhouse, restrooms, maintenance facilities, cart or caddy facilities, child

care facilities, restaurants, parking lots and other recreational or ancillary

facilities.

o. “Improvements” means all buildings, outbuildings, garages, streets, fire

evacuation routes, roads, bridges, culverts, hiking trails, pathways, driveways,

parking areas, gates and sub-gates, fences, retaining and other walls, decks,

exterior air conditioning, signs, landscaping, light standards, antennae/satellite

dishes, walls, outdoor kitchen areas, tennis courts, basketball courts,

playgrounds, swimming pools and any other structures of any type or kind.

p. “Lot” means any single family lot shown on Exhibit "C", a tentative map or

final map, and intended for improvement with a single family residence. The

number and configuration costs may change pursuant to the process of

approval of tentative maps and final maps by Washoe County, or as otherwise

specified herein.

q. “Majority” for purposes of voting power of Lot Owners eligible to vote means

50% plus 1 vote.

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r. “Nonresidential Area” when used herein shall mean collectively the portions

of the Golf Course as defined in Exhibit D and as owned by FOA at the time

of recordation of this Declaration.

s. “Owner” means:

1. Any person or legal entity who holds fee simple title to any Lot within

the Subdivision. The term “Lot Owner” when used herein shall mean

specifically the Owners of Lots, including Road Snippets, and not any

other Owners,

2. “Owner” does not include the Association.

3. The Nonresidential Area Owner is specifically excluded from the

definition of Owner.

t. “ArrowCreek” means the Southwest Pointe development project, as defined in

that certain Final Development Agreement ("Final Development Agreement")

dated July 23, 1996 (Washoe County Case No. DA.9-l-93), which in large part

is the Subdivision and the Nonresidential Area.

u. “The Pit” means Parcel 152-471-11, which will be jointly and cooperatively

used by the FOA and the Association for storage of material and equipment.

v. “Single Family Dwelling” means a residential structure, which dwelling is

constructed on a Lot designated in this Declaration as a single family

residential Lot.

w. “Subdivision” means the real property described in Exhibit "A", development

of which is regulated by Washoe County under the Final Development

Agreement and other development approvals (special use permits, tentative

maps) of Washoe County for ArrowCreek (under Chapter 278 of the Nevada

Revised Statutes, the Washoe County Development Code and other laws and

regulations), and residential real estate added to this Declaration pursuant to a

development right. References to tentative maps and final maps refer to such

map under DA9-1-93, as amended or said subsequent Washoe County

approvals.

The following are other basic provisions:

x. Except when not in conflict with a definition specified above in this Article,

the terms used herein shall have the same meanings and definitions as are

used in NRS Chapter 116.

y. The name of the Subdivision shall be ArrowCreek Subdivision and the name

of the association formed under Article II hereof to own and manage Common

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Area shall be ArrowCreek Homeowners Association, Inc. ("Association").

The Subdivision is a planned community, as defined in NRS Chapter 116.

z. The Subdivision is located entirely within Washoe County, Nevada.

aa. The real estate included in the Subdivision is described in Exhibit "A" and the

Nonresidential Area is described in Exhibit "B". The maximum number of

units created by the Final Development Agreement is 1090 Lots for single

family dwellings complying with applicable Washoe County land use

categories. More Lots may be created by parcel map, amendment to the Final

Development Agreement or tentative map, if Washoe County so approves,

and additional units may be created as otherwise specified herein.

bb. Lots may also be reduced by withdrawal of real estate or as otherwise

specified herein. The depiction of the boundaries of each Lot created by the

Declaration is described in the Site Plan (Exhibit "F' to the Final Development

Agreement), as specified in Exhibit "C". Lot locations, Lot boundaries and the

location and boundaries of the Nonresidential Area are subject to change.

cc. Real estate that is Common Elements is described and shown on Exhibit "C"

and Exhibit “D”.

dd. Real estate may be allocated subsequently as Limited Common Elements

within areas of the Subdivision. Limited Common Elements may include

gatehouses and entryways; recreation areas such as pools, tennis courts,

residential/community centers, playgrounds, clubhouses; and other uses

defined herein for Common Area.

The Association reserves all developmental rights on real estate it owns or

on its easements within the Subdivision and on other real estate as provided

below in this subsection including, without limitation, the rights:

1. To use easements throughout the Subdivision, including Common

Elements, for the purpose of making improvements within the

Subdivision whether said easements exist now or are hereafter created,

within the term of this Declaration.

2. To consolidate the Subdivision with another common interest

community on adjacent real property of the same form of Ownership

at any time;

3. To add real estate, and to exercise developmental right or special

declarant right (all of which are hereby reserved), consisting of any

real property adjacent to the Subdivision;

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4. To further develop and/or expand existing amenities, including but not

limited to: golf courses, walking paths and hiking trails, swimming

pools, hot tubs, changing/rest rooms, tennis courts,

Residence/Community Club.

ee. As to any developmental right, which may be exercised with regard to

different parcels of real estate at different times:

1. ACHOA makes no assurances regarding the boundaries of those

parcels or the order in which those parcels may be subjected to the

exercise of each development right; and

2. Any developmental right exercised in any portion of the real estate

subject to that developmental right does not require the exercise of that

developmental right in any other portion of the remainder of the real

estate.

ff. Each of the Lots shall have the following allocated interests:

A fraction or percentage of the Common Area of the Association equal to 1

divided by the total number of Lots in the Subdivision, which at the time of

recordation of this Declaration is 1086 Lots subject to change based on

Section 3 herein.

gg. All restrictions on use and occupancy are stated in Articles IV, V and VI

hereof.

hh. Easements and licenses are recorded and contained in the records of the

Washoe County Recorder, State of Nevada.

.

Section 3. Lot Retirement. Association may agree to retire a Lot:

For Lots delineated on a final map, if two or more adjacent lots are purchased by a person

or developed with the intent of constructing only one single family dwelling on the lots, then

upon notice of said intent to Association and at the expense of the Lot Owner, said lots shall be

considered as one lot for the purpose of allocated interests in voting and assessments under

subsection (aa) of Section 2 of this Article.

ARTICLE II

ARROWCREEK HOMEOWNERS ASSOCIATION

Section 1. Purpose. The purpose of the Association shall be to:

a. Own and maintain all easements and deeded real property for Common

Area within the Subdivision; including without limitation the funding,

repair, replacement, management, operation, lease and maintenance of the

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following Common Elements: certain portions of the Golf Course, parcel

152-471-11 (commonly known as "the pit"); recreational and community

facilities including picnic areas, playgrounds, tennis courts, and basketball

courts; ponds; parks; paths; sidewalks; hiking trails; open space; fences;

landscaping; gates; gatehouses; maintenance building; signs; entry ways;

drainage ways and drainage facilities; detention ponds; streets and curbs;

bridges and culverts; snow removal and storage areas; landscaping; fire

and fuel breaks including fire evacuation roads; golf cart crossings;

residential parking areas; lighting; surface water detention areas, and other

amenities built from time to time by the Association as well any other

Common Elements acquired by the Association.

b. Provide for removal of ice and snow from roads and parking areas owned

by the Association at any time when such a condition may restrain access

within the Subdivision, and on designated road snippets. The Association

shall either contract for snow and ice removal or acquire equipment and

hire personnel to effect the provisions of this subsection. In the event that

snow removal operations require exporting of snow or ice from roads or

parking areas, said material may be deposited within the perimeter of the

Subdivision on an appropriate easement, open area or Common Area in

such a manner as to not unreasonably restrict access or create an

unreasonable hazard to any road, or common walkway. If necessary, said

material may be exported outside the perimeter of the Subdivision to a

suitable location.

c. Maintain controlled access at the entrance gate for Lots and The Club at

ArrowCreek. Security personnel may be employed as bdeemed necessary

by the Board along with other tracking security control systems.

d. Enforce and administer any provisions of this Declaration pertaining to

Association's rights, obligations, powers and duties as required by Washoe

County; including, at a minimum but without limitation, the funding of the

maintenance, repair, replacement and perpetuation of the following

Subdivision amenities, such as:

1. Streets, curbs, bridges, culverts, parking areas, and fire roads

within the Subdivision.

2. Residents Club with Swim and Tennis operations.

3. Staffing of Residents Club, maintenance, and security forces, if

any.

4. Common Area native areas and noxious weed management as per

NRS.555.130.

5. Entrance gates, sub-gates and community signage.

6. Snow removal and storage areas.

7. Common Area landscaping and lighting including along streets and

landscaping along ArrowCreek Parkway entering the Subdivision.

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8. Fire and fuel breaks as per Board approved fuel mitigation plans.

9. Detention basins and the accumulated sediment and waste in the

pit.

10. Bicycle and pedestrian sidewalks, paths, and hiking trails.

11. Golf cart street crossings.

12. Off-site residential parking areas.

13. Maintenance facility and storage yard.

14. Security, Resident Club, and Facilities equipment and vehicles.

15. Other Board approved amenities built from time to time by the

Association.

16. Certain elements of the Golf Course as defined in the HOA

Reserve Study, including but not limited to: bridges, culverts, pipes

over two inches, restrooms and cart paths.

The Association shall have no other purpose than those specified herein or in Chapter 116

of the Nevada Revised Statutes.

The Association shall purchase any and all equipment, materials and supplies necessary

to undertake its duties imposed by this Declaration, its Articles and Bylaws. The Association

may draft or execute any documents necessary to undertake its duties imposed by this

Declaration, its Articles and Bylaws.

The Association may, but shall not be obligated, to maintain or support certain activities

within the Subdivision designed to make the Subdivision safer than it otherwise might be. The

Association shall in no way be considered insurers or guarantors of security within the

Subdivision, nor shall the Association be held liable for any loss or damage by reason of failure

to provide adequate security or of ineffectiveness of security measures undertaken. No

representation or warranty is made that any fire protection system, burglar alarm system, security

personnel or other security system cannot be compromised or circumvented, nor that any such

systems or security measures undertaken will in all cases prevent loss or provide the detection or

protection for which the system is designed or intended. Each Owner acknowledges, understands

and covenants to inform its tenants that the Association is not an insurer or liable to persons

living in or visiting the Subdivision for conduct resulting from acts of third parties.

Section 2. Formation and Management Under Article 3 of NRS Chapter 116.

The Association shall be a Nevada corporation formed under the Nevada Revised

Statutes. The Association is not authorized to have and shall not issue any capital stock. The

Association shall be charged with the duties and invested with the powers set forth in NRS 116,

its Articles, Bylaws, and this Declaration.

Section 3. Association Powers and Membership.

The Association shall have all powers enumerated in NRS 116.3102 as well as those

further specified in Section 1 of the Article. All Lot Owners in the Subdivision shall be members.

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Section 4. Officers and Members of the Board.

The governing body of the Association shall be called the Executive Board, the Board of

Directors or the Board (all of which shall refer to the same entity). The Board may act in all

instances and on behalf of the Association, subject to the provisions of this Declaration, the

Association Articles, the Bylaws and the applicable provisions of Nevada law.

Section 5. Budget.

The Board shall adopt a proposed budget for each calendar year based on the projected

common expenses of the Association, which shall include a reasonable reserve. Within 30 days

after adoption of any proposed budget for the Association, the Board shall provide a summary of

the budget to the Owners, and shall set a date for a meeting of the Owners to consider ratification

of the budget not less than 14 nor more than 30 days after mailing of the summary. Unless, at

that meeting, a Majority of all Owners rejects the budget, the budget is ratified, whether or not a

quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the

Owners must be continued until such time as the Owners ratify a subsequent budget proposed by

the Board.

Section 6. Members’ Meetings.

A meeting of Owners with voting power in the Association must be held at least once

each year, or as otherwise specified by law. Special meetings of the Association may be called

by the President, a majority of the Board or by Owners having twenty (20%) percent of the vote,

or any lower percentage specified in the Bylaws, of the voting power in the Association. Not less

than ten (10) nor more than sixty (60) days in advance of any meeting, the Secretary or other

officer specified in the Bylaws shall cause notice to be hand-delivered, emailed with prior

written electronic transmission permission on file or sent prepaid by United States mail to the

mailing address of each Lot or to any other mailing address designated in writing by Owners.

The notice of any meeting must state the time and place of the meeting and the items on

the agenda, including the general nature of any proposed amendment to this Declaration or

Bylaws, any budgetary changes and any proposal to remove an officer or member of the

Executive Board (NRS 116.3108).

Section 7. Quorums and Voting.

Quorums and voting at members’ meetings shall be as specified in NRS 1l6.3l09 and

116.31l0, and as provided in the Bylaws. Only Owners of Lots in good standing have voting

power. Lessees of Lots may not, except by written proxy as specified in NRS 116.3110, exercise

voting power.

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Section 8. Transfer of Voting Power.

Voting power in the Association is vested in each person or entity who owns a Lot, and

shall be appurtenant to the Lot, and shall not be assigned, transferred, pledged, hypothecated,

conveyed, or alienated in any way except on a transfer of title to such real estate, and then only

to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of title or

interest shall operate automatically to transfer the appurtenant membership rights and obligations

in the Association to the new Owner. Immediately after any transfer of title, either the

transferring Owner or the acquiring Owner shall give notice to the Association of such recorded

transfer, including the name and address of the acquiring Owner and the date of transfer, as well

as the recorded documents evidencing such transfer.

Section 9. Inspection of Association Books and Records.

Every member shall have the absolute right to inspect and copy (at the member's

expense), not to exceed ten dollars ($10) per hour, at twenty-five cents ($0.25) per page for the

first ten (10) pages, and ten cents ($0.10) per page thereafter) all books, records and documents

of every kind and to inspect the physical properties of the corporation. The corporation may

require inspections to be made by appointment, not to exceed five (5) days after the date of the

request. Such right shall not apply to the personnel records of the employees of the Association,

except for those records relating to the number of hours worked and the salaries and benefits of

those employees; the records of the Association relating to another unit’s owner, including,

without limitation, any architectural plan or specification submitted by a member to the

Association during an approval process required by the governing documents; or any draft

document, including, without limitation, minutes of a Board meeting, a reserve study, a budget,

and a business proposal if the document is in the process of being developed for final

consideration by the Board, and has not been placed on an agenda for final approval by the

Board.

Section 10. Ownership of Common Area.

Owners and the Association shall make no attempt to divert or alter the platted

configuration of any Common Area or change the equal voting power, as defined herein, of

Owners, except as otherwise provided herein.

Section 11. Notices.

All notices hereunder to the Association or its Board shall be sent by registered or

certified mail to the Board at such places as the Board may designate from time to time by notice

in writing to all members. All notices to any Owner shall be hand delivered or sent prepaid by

mail to Lots improved by single family residences or to such other address as may be designated

by an Owner from time to time, in writing, to the Board. However, except for ballot initiatives,

the Board can forward information to Owners via email to those Owners who have given the

Association written permission to contact them via electronic transmission. All notices to other

interested persons shall be mailed to such address as such person shall designate in writing to the

Association Board. All notices shall be deemed to have been given when mailed or hand

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delivered except notices of change of address, which shall be deemed to have been given when

received, unless as otherwise provided herein.

Section 12. Insurance.

The insurance requirements and provisions of NRS 116.3113 shall be complied with by

the Association and shall be Common Expenses in the annual budget. Committee members are

covered by the Association’s D&O insurance in the event of threatened or instituted litigatio

Section 13. Fines.

The Association shall have the power to levy fines, construction penalties and other

charges against Owners, as a monetary penalty and to reimburse the Association for the costs of

enforcement of any provisions of this Declaration including the violation of any rules or

regulations promulgated by the Board or the ADRC and violations of Design Guidelines.

Section 14. Rules and Regulations.

The Board may promulgate rules and regulations which elaborate on or add to the

provisions of Article IV without first obtaining membership approval or consent.

Section 15. Other CC&Rs and Associations.

Nothing contained herein shall prohibit or impair the recordation of additional or

supplemental covenants, conditions and restrictions (and the establishing of one or more

homeowners associations related thereto) which apply to only a portion of the Subdivision, in

order to establish rights and obligations regarding limited Common Elements, provided all

Owners subject thereto consent, and provided further that any conflict between the provisions of

additional or supplemental covenants, conditions and restrictions and this Declaration shall be

governed by the provisions hereof.

ARTICLE III

ASSESSMENTS

Section 1. Agreement to Pay.

Each Owner, by his acceptance of a deed for each Lot owned, covenants and agrees to

pay to the Association such regular and special assessments as are established, made, and

collected as provided in this Declaration. A Lot Owner shall have all voting rights and other

rights incident thereto as provided in this Declaration, the Articles and the Bylaws.

Section 2. Personal Obligations.

Each assessment, together with any late charge, interest, collection costs, and reasonable

attorney’s fees, shall be the personal obligation of the person or entity who was an Owner subject

to the assessment at the time such assessment or installment became due and payable. If more

than one person or entity was the Owner, the personal obligation to pay such assessment or

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installment respecting such real estate shall be both joint and several. Subject to the provisions of

Article VII, Section 2, a purchaser of a Lot shall be jointly and severally liable with the seller for

all unpaid assessments against the real estate without prejudice to the purchaser's right to recover

from the seller the amount paid by the purchaser for such assessments. Suit to recover a money

judgment for such personal obligation shall be maintainable by the Association without

foreclosure or waiver of the lien securing the same. No Owner may avoid or diminish such

personal obligation by abandonment of his real estate.

Section 3. Purpose and Amount of Assessments.

The assessments levied by the Association shall be determined by the Board and shall be

the amount estimated to be required, on an annual basis, and shall be used exclusively, to

promote the Association purposes specified in Article II, Section 1 for the performance of the

duties of the Association as set forth in this Declaration, and for the repair, maintenance and

upkeep of Association property or any such property for which the Association has agreed to

jointly use and maintain. Funds held by the Association shall be held, to the extent possible, in

interest-bearing accounts with proper insurance to protect the balances of such accounts.

Section 4. Annual Assessments.

Not less than thirty (30) and no more than sixty (60) days before the beginning of each

calendar year of the Association, the Board shall meet for the purpose of preparing the proposed

operating statement or budget for the forthcoming calendar year (the calendar year shall be the

fiscal year unless the Board specifies otherwise), and establishing the annual assessment for the

forthcoming calendar year, subject to the power of disapproval of the Lot Owners, as specified in

Section 5 of Article II; provided, however, that the Board may not establish an annual

assessment amount per Lot for any calendar year, which increases by more than fifteen (15)

percent over the annual assessment per Lot of the prior year without the approval by vote or

written consent of Owners holding a Majority of the voting rights.

Section 5. Special Assessments.

If the Board of Directors during a board meeting determines that the estimated total

amount of funds necessary to defray the common expenses of the Association for a given fiscal

year is or will become inadequate to meet expenses for any reason, including, but not limited to,

delinquencies in the payment of assessments, then the Board shall determine the approximate

amount necessary to defray such expenses; and if the amount is approved by a majority vote of

the Board, it shall become a special assessment; provided, however, the Board may not approve

one or more special assessments in any calendar year which in the aggregate exceed fifteen (15)

percent of the annual assessment per Lot for that calendar year, without the approval by vote or

written consent of Owners holding a Majority of the voting rights. The Board may, in its

discretion, prorate such special assessment over the remaining months of the fiscal year or levy

the assessment immediately against each Lot Owner.

Additionally, the Association shall have the power to incur expenses for maintenance and

repair of the improvements on any Lot and for other costs of remedying violations of provisions

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of this Declaration, when an Owner is in violation of provisions of this Declaration, provided the

Lot Owner has failed or refused to cure the violation within thirty (30) days after written notice

and with opportunity for hearing as defined in the Association’s collection policy violation.

Section 6. Uniform Rate of Assessment.

Except for assessments related to limited Common Elements (e.g., sub-gates), or

contracted services including road snippets, or as otherwise specifically provided in this

Declaration by law, annual and special assessments of the Association must be fixed at a uniform

rate for all Lots subject to assessments.

Section 7. Assessment Period.

The annual assessment period shall commence on January 1 of each year and shall

terminate on December 31 of such year; and annual assessments shall be payable in advance

monthly unless the Board adopts some other basis for collection.

Section 8. Notice of Assessments: Time for Payment.

Association may, in its discretion, give written notice of assessments to each Owner,

which notice shall specify the amount of the assessment and the date or dates of payment of the

same. No payment shall be due fewer than thirty (30) days after such written notice has been

given. Each delinquent assessment may charge interest as defined in its Collection Policy per

annum from the date it becomes due together with a late charge of TWENTY-FIVE DOLLARS

AND NO CENTS ($25.00) for each delinquent installment. An assessment payment is

delinquent if not paid within thirty (30) days after its due date. Failure of the Association to give

notice of the assessment shall not affect the liability of the Owner for such assessment, but the

date when payment shall become due in such a case shall be deferred to a date thirty (30) days

after such notice shall have been given.

Section 9. Statement of Account.

Upon payment of a reasonable fee, and upon written request of any Owner or any

beneficiary of a deed of trust, prospective beneficiary, or prospective purchaser of Lots, the

Association shall issue a written statement setting forth the amount of the unpaid assessments, if

any, with respect to such real estate, the amount of the current periodic assessment, transfer fees,

and the date that such assessment becomes or became due, credit for advanced payments or

prepaid items, which statement shall be conclusive upon the Association in favor of persons who

rely thereon in good faith. Unless such request for a statement of account shall be complied

within thirty (30) days, all unpaid assessments which became due prior to the date of making

such request shall be subordinate to the lien of a deed of trust of the requesting beneficiary;

which acquired its interest subsequent to requesting such statement.

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Section 10. Collection of Assessments.

The right to collect and enforce assessments is vested in the Board acting for and on

behalf of the Association. The Board of Directors or its authorized representative, including any

manager, can enforce the obligations of the Owners to pay assessments provided for in this

Declaration by commencement and maintenance of a suit at law or in equity or the Board may

enforce assessments by judicial proceedings or, to the extent permitted by NRS Chapter 116,

through the exercise of the power of sale granted to the Board. Suit to recover a money judgment

against an Owner for unpaid assessments together with all other amounts allowed by law or

described in this Article shall be maintainable without first foreclosing against the real estate

subject to the lien for such assessment or waiving the lien rights granted hereby.

Section 11. Lien for Assessments: Priority.

All sums assessed pursuant to this Article, together with interest, fees, charges, fines,

construction penalties and other expenses allowed by law shall be secured by a lien on Lots in

favor of the Association as provided in NRS Chapter 116.

Section 12. Exempt Property.

The following property shall be exempt from payment of Assessments:

a. All Common Areas, including those Areas for which the Association has

agreed to jointly use and maintain; and

b. Any property dedicated to and accepted by any government authority or

public utility (including easements).

Section 13. Suspension of Owner’s Rights.

The Association shall not be required to transfer memberships on its books or to allow

the exercise of any rights or privileges of membership, including voting rights, to any Owner or

to any person claiming under said Owner unless or until all assessments due on an Owner’s real

estate have been brought current, provided the Association complies with its Collection Policy.

ARTICLE IV

PROPERTY USAGE

As more particularly specified in Article VII, the Nonresidential Area is exempted from

the provisions of this Article IV. Otherwise, all uses within the Subdivision shall comply with

the conditions and restrictions of this Article IV.

Section 1. Single-Family Only.

Except as provided in Section 2 of this Article, only single-family dwelling units used

solely for residential purposes, including private garages used in connection with said residences,

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together with guest quarters and other outbuildings, only as expressly provided hereinafter, shall

be permitted. For purposes of this restriction, a single family shall be defined as any number of

persons related by blood, adoption, domestic partnership, or marriage living with not more than

two persons who are not so related as a single household unit, or no more than three (3) persons

who are not so related living together as a single household unit, and the household employees of

either such household unit.

Section 2. Business or Commercial Uses.

All business, trade, commercial garage sale, moving sale, rummage sale, or similar

activity is prohibited, except that a Lot Owner or lessee may conduct business activities on a Lot

so long as: (a) the existence or operation of the business activity is not apparent or detectable by

sight, sound or smell from the outside the Lot; (b) the business activity conforms to all zoning

requirements and other applicable laws for the Subdivision; (c) the business activity does not

involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees, or

door-to-door or telephone solicitation of residents of the Subdivision; and (d) the business

activity is consistent with the residential character of the Subdivision and does not constitute a

nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of

the Subdivision, as may be determined in the sole discretion of the Board.

Section 3. No Group Homes.

No residence in the Subdivision may be used for a public boarding house, operated or financed

by a public or private institution, sanitarium, hospital, asylum, Section 8 Housing, or any use not

permitted by local law.

Section 4. Corner Lot View Obstruction.

No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations greater

than 2 feet above the roadways shall be placed or permitted to remain on any corner Lot within

the triangular area fanned by the street property lines and a line connecting them at points 25 feet

from the intersection of the street lines, or in the case of a round property corner from the

intersection of the street property lines extended. The same sight line limitations shall apply on

any Lot within 10 feet from the intersection of a street property line with the edge of a driveway

or alley pavement. No tree shall be permitted to remain within such distances of such

intersections unless the foliage line is maintained at sufficient height to prevent obstruction of

such sight lines.

Section 5. No Interference with Drainage.

Each Lot Owner agrees that he will accept the burden of and not in any way interfere

with, the established drainage pattern over his Lot from adjoining or other Lots in the

Subdivision, or, in the event it is necessary to change the established drainage, that he will make

adequate provisions for proper drainage over his Lot. No structure or other material shall be

placed or permitted to remain which may damage, interfere with, obstruct, or retard the flow of

water through drainage channels, or which may change the direction of flow of such channels.

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For the purposes hereof "established" drainage is defined as the drainage which occurred at the

time the overall grading of a Lot, including, if applicable, the landscaping of each Lot.

Section 6. Slope Stabilization.

Each Lot Owner agrees that in the event any slopes located on his Lot have been planted

to comply with local government or ADRC requirements for stabilization of said slope or slopes,

the Owner shall adequately water and continuously maintain said slope or slopes.

Section 7. Maintenance of Fences and Walls.

Each Lot Owner upon which all or a portion of a wall or fence may be located, agrees at

all times to maintain, paint or repair said wall or fence, unless the Association has assumed

responsibility for maintenance as provided in Subsection l b. of Article VIII.

Section 8. New Structures Only.

No existing, used, constructed, or partially constructed structure of any type or nature

shall be moved from another place to the Subdivision for any purpose whatsoever.

Section 9. Square Footage Minimums.

No principal residential dwelling shall be constructed or maintained upon any parcel or

Lot which shall have a total floor area of less than 2,500 square feet, exclusive of porches, patios,

attached and detached garages, outbuildings, breezeways or walks. Detached guest quarters, as

defined below, shall have a ground floor area of not more than 1,500 square feet, and such guest

quarters cannot be occupied until the principal residential dwelling is completed and occupied.

Section 10. Restriction on Number of Dwellings.

No building, structure or improvements shall be constructed, erected, altered, placed or

permitted to remain on any Lot other than one (1) dwelling designed for principal residential

occupation for not more than one (l) family, together with such related outbuildings and facilities

pertinent to said single family residential use. The word “Related Outbuildings and Facilities"

shall include one additional dwelling for guest quarters and/or one detached garage, subject to

approval of the ADRC.

Section 11. No Water Pollution.

No use on any of the property described herein shall be allowed which in any manner or

for any purpose would result in the drainage or dumping of any refuse, sewage or other material

which might tend to pollute surface or subterranean waters.

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Section 12. No Garbage/Trash Receptacles.

No garbage, refuse, rubbish or obnoxious or offensive material shall be permitted to

accumulate, be dumped or buried on any Lots, and Lot Owners shall cause garbage and other

like material to be disposed of by and in accordance with accepted sanitary practice. Trash

receptacles shall be kept hidden from public view at all times, except when placed out for

collection. Trash for collection shall be placed on the street right of way per the Rules &

Regulations. The Association may designate an area at the intersection of a street with a

common driveway (i.e., a driveway which serves more than (1) Lot, which area may be within

the street right-of-way or on a Lot, for the placement of trash receptacles for collection. No

dumping by Lot Owners or their contractors will be allowed on vacant Lots within the

community.

Section 13. Repair of Damaged Structures.

No building or garage damaged by fire or otherwise damaged so that it becomes

unsightly shall be permitted to remain on any Lot. Such structures shall be promptly rebuilt,

refinished, or torn down and removed, and in no case shall the unsightly damage remain longer

than three (3) months without ADRC approval to an extension. Any tear down or removal must

have ADRC approval.

Section 14. Nuisances.

No use of any Lot or structure subject to this Declaration shall annoy or adversely affect

the use, value, occupation, and enjoyment of any adjoining Lot or of residences in the

Subdivision in general. No noxious, offensive or disturbing activity of any kind shall be

permitted.

Section 15. Excavation Restrictions.

No excavating or drilling for minerals, stone, gravel, oil or other hydrocarbons, or earth

shall be made upon any Lot other than excavation for necessary construction purposes relating to

dwelling units, retaining and perimeter walls, landscaping outbuildings and pools, contouring,

shaping, fencing or generally improving any Lot.

Section 16. Paints and Finishes.

The exterior portions of all houses, buildings, and structures erected or constructed on a

Lot shall be painted with a finish coat of varnish, stain or paint approved by the ADRC within

thirty (30) days after completion or before occupancy. At no time will the exterior of any houses,

building structures and fences be allowed to approach a state of aesthetic deterioration such that

they become a visual nuisance. Repainting or re-staining exterior surfaces with the same color

paint or stain shall not require approval of the ADRC. Semi-custom homes should refer to the

Design Guidelines for pre-approved painting/staining options that still require a notice to the

ADRC.

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Section 17. Storage Restrictions.

The storage of tools, household effects, inoperable vehicles, machinery and machinery

parts, empty or filled containers of trash or other materials, boxes or bags, trash, materials, or

other items that shall in appearance detract from the aesthetic values of the property shall be so

placed and stored to be concealed from public view.

Section 18. Prohibition on Clothes Lines.

No exterior clothes line shall be installed on any Lot, or any portion of the Lot, unless

completely concealed from view.

Section 19. Sign and Flag Restrictions.

No sign, poster, billboard, advertising device or other display of any kind shall be

displayed without the approval of the ADRC Committee, except the Owner may exhibit one (1)

political sign (as that term is defined by Nevada Revised Statutes and/or Federal law) not larger

than 24" x 36" on the Lot. Up to two Realtor For Sale signs that meet Design Guidelines may be

placed and maintained on the Lot without further approval. All other signs require specific

approval from the ADRC. The Lot address number should be easily viewable.

Signs not meeting the standards of size, color and other specifications set forth by the

ADRC, or signs not approved by the ADRC may be removed by the Association from the

premises where displayed. Removed signs will be held for fourteen (14) days by the Association

to be claimed by the Lot Owner, after which time period they may be destroyed.

Section 20. Garage Requirements.

Every single family dwelling unit constructed shall have on the same Lot enough

enclosed automobile storage space for at least two (2) automobiles. Carports are prohibited.

Garage doors shall be closed at all times except when entering or exiting the garage or cleaning

the garage.

Section 21. Separation of Ownership.

No Lot may be subject to a deed, conveyance, agreement or other document which would

affect or cause a separation into different ownerships of surface and subsurface rights, or any

portion thereof. Nothing herein shall prevent the dedication or conveyance of all or a portion of

any Lot for use by the public utilities or as a street, in which event the remaining portion of said

Lot shall for the purpose of this provision be treated as a whole Lot.

Section 22. No Occupancy without Certificate of Occupancy (COO).

No building, any part of which is designed for dwelling purposes, shall be in any manner

occupied while in the course of original construction or until it is completed and the building has

received a Certificate of Occupancy from the applicable government agency.

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Section 23. No Violation of Law.

Nothing shall be permitted to occur on a Lot which violates any law, ordinance, statute,

rule or regulation of any local, county, state or federal entity.

Section 24. Fire Control Maintenance.

Each Lot Owner shall be responsible for the maintenance of any fire fuel modification

areas and firebreak areas located on the Lot, such as removal of certain trees, dead limbs and

other dead vegetation. All barbeque appliances must be lidded. Minimum defensible space

requirements adopted by Washoe County and, if applicable, by the cognizant Fire Protection

District, shall be maintained. The Board may adopt and maintain a Fuels Management Policy

Fuels Management Policy to effect enforcement of this Section.

Section 25. Weeds.

No noxious weeds as per NRS.555.130, diseased plants or infected vegetation of any kind

or character shall be placed or permitted to grow upon any Lot or portion thereof. However,

native vegetation will be allowed on any lots as long as they conform to the Association’s Fuel

Management Policy and ADRC requirements.

Section 26. Subdividing and Land Use.

Except as otherwise provided herein, regardless of any action of any governmental

agency, no Lot may be divided, subdivided, or re-subdivided to a size less than the original size

of the Lot. The zoning and use of any of the Lots in the Subdivision may not be changed nor

amended to multiple residential nor commercial use.

Section 27. Paved Surface Requirements.

All driveways, walkways, parking areas and other areas of similar nature shall be paved

with a suitable “all-weather” material approved by the ADRC such as asphalt, concrete, paving

stones, bomanite brick or other materials approved by the ADRC within thirty (30) days of the

completion of construction of the principal residence. Gravel or loose rock is prohibited.

Section 28. Parking and Storage of Vehicles.

Storage of trailers, campers, boats, recreational vehicles, machinery, and motor

vehicles, whether they are operative, under repair, junk, inoperative, or unlicensed, or other

similar type objects, shall only be permitted on Lots if kept in a fully enclosed garage or if

completely screened from view, except that this provision does not preclude operable, licensed

passenger vehicles or trucks of up to and one-half (1/2) ton capacity which are routinely in use

from being parked in private driveways. The intent of this Section is to allow only for the loading

and unloading of trailers, campers, boats and recreational vehicles in public view on a Lot and

out of a garage. Parking of a vehicle on a street is not allowed, except on collector streets at a

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minimum distance from the intersection of one hundred twenty (120) where parking is only

allowed during special events with prior notice to Association’s Security staff.

Section 29. Water Usage/Restrictions.

In order to conserve water usage on Subdivision Lots, the following restrictions shall

apply to all Lots:

a. Automatic sprinkler and irrigation systems shall be required for all Lot

Landscaping;

b. The total square footage of turf area on any Lot shall not exceed 20% of the

total square footage of the Lot minus the area of the building structures (e.g.,

main dwelling, garages, porches, gazebos, decks) and the driveway; but, in no

event shall the turf area exceed 3,500 square feet. For example, if the Lot is

15,000 square feet in gross area and the combined building areas and

driveway cover 5,000 square feet, then only 20% of the remaining 10,000

square feet (i.e., 2,000 square feet) is allowed to be turf.

Artificial turf may not be subject to the above square footage restrictions in this Section,

and shall be approved by the ADRC per the ADRC Guidelines.

Section 30. Completion of Construction.

Construction of any improvement, once commenced, shall be pursued diligently to

completion as adopted in the Design Guidelines and iterated herein. Building/installations must

commence within twelve (12) months of plan approval for any project. If not, the plan approval

is void and the plan must be resubmitted. New home construction must be completed within 24

months of approved plans. New home landscaping must be completed within ninety (90) days of

receiving a Certificate of Occupancy (COO). All other improvements and/or modification

projects must be completed within 180 days of plan approval. Extensions may be considered by

the ADRC on a case-by-case basis upon written request of the Owner. If projects are not

completed by the deadline, the owner may be subject to additional fees and/or penalties as

outlined in the Design Guidelines. If construction ceases for ninety (90) consecutive days this is

considered a violation of this Declaration, and the Owner will be subject to fines and/or penalties

provided in Articles V and VI.

Section 31. Maintenance of Lots.

All Lots whether vacant or improved, occupied or unoccupied, shall be maintained in

such a manner as to prevent their becoming unsightly, unsanitary or a hazard to health. If not so

maintained, the Association shall have the right, after giving thirty (30) days written notice in

like manner as above set forth in Section 30 above, through their agents and employees, to

undertake such work as may be necessary and desirable to remedy the unsightly, unsanitary or

hazardous condition, the cost of which shall be added to and become a part of the assessment to

which such Lot is subject. The Board has sole discretion to determine what is unsightly or

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unsanitary. The Board, the Association or any of their agents, employees or contractors, shall not

be liable for any damage which may result from any maintenance work so performed. The Board

or the Association or their agents or employees are not liable for any failure to exercise the right

to so maintain any Lot.

Section 32. Dead Vegetation and Dead Limbs.

Except as provided in Section 24 of this Article, within one (1) month of completion of

the main single family dwelling, each Lot Owner shall remove all dead trees, dead limbs and any

dead vegetation that remain on a Lot, unless the ADRC decides some or all of the removal is not

necessary.

Section 33. Disposal of Sanitary Waste.

All permanent plumbing fixtures, including dishwashers, toilets or garbage disposal

systems shall be connected to the sanitary sewer system in the Subdivision.

Section 34. Fences and Obstructions.

The following general fencing guidelines shall apply. All front yard property lines from

single family dwellings to the street shall be kept free and open, except courtyards may be

allowed at the discretion of the ADRC. Any fencing allowed shall consist of materials

determined by the ADRC and at locations approved by the ADRC. No fence, wall, hedge, tree,

plant, shrub, lawn, or foliage shall be planted, kept or maintained by the Lot Owner in such a

manner as to create a potential hazard or any aesthetically unsatisfactory appearance on the Lot,

as determined by the ADRC or the Board. No fence, structural improvement, wall, hedge, tree,

shrub, planting or other obstruction to vision shall be more than two (2) feet higher than curb

level within twenty-five (25) feet of the intersection of any two (2) streets on any corner Lot.

Section 35. Animals.

No animals nor fowl and excluding fish, including without limitation, horses, cows,

sheep, goats, pigs, chickens, and exotic pets, except for no more than four (4) usual household

pets of a species (e.g., dogs, cats, small birds, hamsters, turtles, frogs, lizards, gerbils,

nonpoisonous snakes) shall be allowed or maintained on any Lot. The permitted pets shall be

kept, bred, or raised solely as household pets for private use and not for commercial purposes.

No animal or fowl shall be allowed to make any unreasonably loud noises or shall otherwise be

allowed to be a nuisance. No animal shall be permitted out of a structure on a Lot unless in a

fenced enclosure, nor permitted off a Lot unless such animal is under the control of a person by

means of a leash or other reasonable physical restraint. No pets shall be kept upon a Lot until

such time as a Certificate of Occupancy has been issued for the dwelling on the Lot and adequate

provisions approved by the ADRC have been made for confining such pets to the Lot. No dog

houses or dog runs are allowed on any Lot, unless such dog houses or dog runs are screened

from view by landscaping or fencing and approved by the ADRC. Upon request of a Lot Owner,

the Board, in its sole discretion, shall determine for the purposes of this Section whether a

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particular animal or fowl shall be considered as a permitted pet, whether it is a nuisance, or

whether the number of animals or fowl on any Lot is reasonable.

Section 36. Flags, Solar Panels and Antennae/Exterior or Roof-Mounted

Equipment.

No pole, flagpole, mast, solar panel, satellite dish, or other outdoor antenna or related

device shall be allowed on any Lot without the prior written consent of the ADRC Committee;

provided, however, that any Owner is entitled to install and maintain a system for obtaining solar

energy consistent with Nevada and Federal law on their Lot and to display the flag of the United

States, in a manner that is consistent with the Federal Flag Code, from or on:

a. A flagpole or staff which is located on exterior property within the boundaries

of this Lot or which is attached to an exterior Limited Common Element.

b. A window, ledge, sill, railing, patio, terrace or balcony of his Lot or an

exterior Limited Common Element that forms a part of the boundaries of his

Lot, whether or not the flag is displayed from a flagpole or staff.

As used in this Section 36: "Federal Flag Code" means the rules and customs pertaining

to the display and use of the flag of the United States which are codified in 4 U.S.C. §§ 5 to 10,

inclusive, as altered, modified or repealed by the President of the United States pursuant to 4

U.S.C. § 10, and any additional rules pertaining to the display and use of the flag of the United

States which are prescribed by the President pursuant to 4 U.S.C. § 10; and "Flag of the United

States" does not include a depiction or emblem of the flag of the United States that is made of

balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building,

decorative or landscaping component or material.

The Association may adopt rules that: (i) Prohibit the display of the flag of the United

States in a manner that is inconsistent with the Federal Flag Code; (ii) prohibit the display of the

flag of the United States if the flag exceeds four feet (4') in its vertical dimension or six feet (6')

in its horizontal dimension (the horizontal dimension of the flag is the dimension that is parallel

with the horizontal stripes of the flag, regardless of the position in which the flag is displayed);

(iii) establish a maximum number of flags of the United States that may be displayed from, on or

around the exterior of a unit (the maximum number is one); (iv) prohibit the display of the flag of

the United States from a flagpole or staff that exceeds twenty-five feet (25') in height; and (v)

prohibit the display of the flag of the United States in a manner that poses a real and substantial

danger to health or safety.

In addition, outside television antennas, cellular towers, aerials, satellite dishes or similar

devices for the transmission or reception of television, radio, cellular, satellite, of other signals or

any kind are prohibited, except:

a. The Association shall have the right, without obligation, to erect, place or

install and maintain any such apparatus on Common Areas for the benefit of

all or a portion of the Community as approved by the ADRC.

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b. Antennas or satellite dishes with a diameter or diagonal measurement not

great than one-meter (39.37”) which are designed to receive direct broadcast

satellite services, video programming services via multi-point distribution

services, or television broadcast signals (collectively “Permitted Devices”)

may be erected, placed or installed on a Lot Placements of Permitted Devices

are subject to ADRC Guidelines.

To the extent the foregoing restrictions concerning Permitted Devices are more restrictive

than allowed pursuant to applicable Federal Law, then such restrictions shall be deemed revised

automatically to the minimum extent required by such laws.

Section 37. Pools, Sports and Play Equipment.

No above-grade or in-ground swimming or wading pools, trampolines, other sports

apparatus, swing sets, or children's play equipment may be placed, installed, erected, or attached

to any structure in the Subdivision unless such apparatus is approved by the ADRC. In addition,

bicycles, toys and play equipment, motorcycles, ATV's, snowmobiles, and similar vehicles must

be garaged or parked in an enclosure or fenced in a manner to be hidden from public view when

not in use.

Section 38. Defacing of Common Area.

No tree, shrub, other landscaping or improvement within a Common Area shall be

defaced, modified or removed except at the express direction of the Association.

Section 39. Limited Access.

There shall be no access to any Lot or parcel on the perimeter of the Subdivision except

from designated streets or fire roads as shown on recorded final maps of the Subdivision, unless

prior written approval is obtained from the Association

Section 40. Golf Course Access.

Except as otherwise expressly provided in this Declaration, all access to the Golf Course

from any Lot or Common Area is prohibited for any purpose during such times that the those

portions of the Common Area are leased and as restricted by the terms of such lease.

Section 41. Operation of Motor Vehicles.

Except for authorized maintenance vehicles, no motor vehicle shall be operated in any

area within the Subdivision except on a street or driveway.

All speed limit, radar control speed, and other traffic control signs erected within the

Subdivision shall be observed at all times. Motorized vehicles except authorized maintenance

vehicles or emergency vehicles are specifically prohibited on all open space, paths, hiking trails,

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walkways, fire evacuation roads, or Common Areas (except roads or parking areas). However,

maintenance and golf carts may be driven on collector streets, but, for safety purposes, on

ArrowCreek Parkway, all carts shall use the walking paths.

Section 42. Landscaping.

Each Owner shall be responsible to properly and attractively landscape his Lot pursuant

to approved landscape plans in a manner suitable to the character and quality of the Subdivision,

and all landscaping shall be maintained to harmonize with and sustain the attractiveness of the

Subdivision.

Each Lot Owner must establish and maintain landscaping to the applicable fire protection

districts requirements for minimum defensible space, and all such landscaping shall be

continually maintained consistent with the standards of the development, good husbandry

practices and the applicable fire protection districts requirements.

Section 43. Commercial Leasing.

No Lot Owner shall participate in any plan or scheme for the rental of the improvements

on such Lot, nor shall any such Lot be operated as a commercial venture. Nothing in this

paragraph shall prevent a Lot Owner from renting the Lot and improvements thereon for

residential use during periods of such Lot Owner’s absence.

Section 44. Impairment of Wildlife.

Capturing, trapping or killing wildlife within the Subdivision is prohibited, except all

common rodents (e.g., rats, mice, moles, marmots, gophers, rabbits, squirrels, weasels), insects

and other animals considered pests.

Section 45. Disturbing Activities.

Activities which materially disturb or destroy the vegetation, wildlife, or air quality

within the Subdivision or which use excessive amounts of water or which result in unreasonable

levels of sound or light are prohibited.

Section 46. Discharge of Firearms, Weapons and/or Pyrotechnics.

The discharge or use of firearms or other weapons and/or pyrotechnics within the

Subdivision is prohibited. The terms "Firearms and Weapons" includes, without limitation: "BB”

guns, pellet guns, bows and arrows, pistols, rifles, shotguns, sling shots and other firearms and

weapons of all types, regardless of size.

Section 47. No Temporary Structures.

No temporary structure of any form or type, including self-contained camper trailer units,

shall be permitted as a dwelling unit on any Lot or parcel. No garage or outbuilding shall be

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constructed before commencing construction of the main dwelling unit, and further, no trailer,

garage, basement, outbuilding or other structure other than the completed main dwelling unit

shall be used for temporary or permanent living quarters, except as provided herein. No covering

or tent, if visible from any roadway, is permitted on any Lot for a period longer than 24 hours.

Temporary construction-related structures on a Lot for outhouse equipment, storage and other

construction uses shall be allowed, subject to approval of the ADRC, but only during the period

of initial construction and/or exterior remodel of any structure on the Lot until issuance of a

Certificate of Occupancy (COO). Interior remodels are held to the same requirements stated

herein.

Section 48. Variances.

Either the ADRC, or the Appeal Panel (during the appeal process), or the Board may, in

their sole discretion, grant variances to the provisions of this Declaration or the Design

Guidelines over which it exercises the power of approval. No variance granted shall constitute a

waiver or restrict enforcement of any other provision hereof, or constitute a precedent for

granting another variance.

ARTICLE V

ARCHITECTURAL STANDARDS

All Builders, Lot Owners and others conducting construction activities within the

Subdivision shall comply with the standards specified in Articles V and VI of this Declaration as

well as any and all Design Guidelines recommended by the ADRC and adopted by the Board of

Directors related to these provisions.

Section 1. Building Envelope.

The ADRC may establish a building envelope and recommended point of access for each

Lot. This envelope will be based upon the topography of the Lot, its relationship to neighboring

Lots, and any unique feature that the Lot may have, such as trees, meadows, rock outcroppings,

etc. The size and shape of the building envelope may vary from Lot to Lot. If in the opinion of

the ADRC certain Lots do not warrant the establishment of a specially designated envelope, the

envelope for those Lots shall be set according to the normal setbacks of the governing local

agency for that type of Lot. In general, all building construction shall be confined to the building

envelope area. If in the opinion of the ADRC the building envelope shall cause the Lot Owner

undue hardship in locating his home or accessory improvements, variances may be permitted by

the ADRC.

Section 2. Design Guidelines.

The ADRC shall recommend by a majority vote and submit to the Board for adoption

Design Guidelines establishing the architectural standards for construction, landscaping and uses

on all Lots within the Subdivision. Once adopted, the Design Guidelines may be amended from

time to time by a majority vote of the ADRC submitted to the Board for adoption. All Lot

Owners shall comply with and abide by the Design Guidelines. Copies of the Design Guidelines

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shall be available to each Lot Owner at the time of close of escrow and shall be maintained at the

office of the Association. ADRC Design Guidelines are intended to be minimum requirements.

The ADRC may on a case-by-case basis, adopt or impose more stringent design requirements.

The Board of Directors shall have final approval of any and all Design Guidelines recommended

by the ADRC and the Appeal Panel shall review all appeals of ADRC decisions requested by Lot

Owners upon written request.

Section 3. Views.

No representation or warranties, covenants or agreements are made by the Association or

their agents, with respect to the presence or absence of any current or future view, scene or

location advantage from any portion of a Lot within the Subdivision. The view, scene or location

advantage may be adversely affected currently or in the future by construction or changes to the

following, including, without limitation, residential homes or other structures and facilities,

utility facilities, landscaping, Common Areas, public facilities, streets, sidewalks, hiking trails,

cell towers, neighborhood amenities and other activities, development or occurrences whether on

other land or on adjacent and nearby Lots. No representations, warranties, covenants or

agreements are made by the Association or their agents concerning the preservation or

permanence of any view, scene or location advantage for the Lot. The Association is not

responsible or liable for any impairment of such view, scene or location advantage for any

perceived or actual loss of value of the Lot resulting from such impairment. Lot Owners are

solely responsible for analyzing and determining all risks concerning the current and future value

of any view, scene or location advantage and the potential or existing impairment thereof and the

risks of preserving the view, scene or location advantage.

ARTICLE VI

ARCHITECTURAL CONTROLS AND DESIGN REVIEW COMMITTEE

Section 1. Committee Establishment and Membership.

The ArrowCreek Design Review Committee of the Association (“ADRC”) is hereby

established. Each ADRC member shall have an indefinite term and serve at the discretion of the

Board.

The ADRC shall be composed of both voting and non-voting members, the total

composition of which shall be not less than three (3) but not more than seven (7) members to be

appointed by the Board of Directors. A minimum of one (1) voting member must be a member of

the Board. Committee members are covered by the Association’s D&O insurance in the event of

litigation.

a. Lot Owners shall be voting members. Architects, landscape designers and

other professionals who are also Owners could be voting members or,

alternatively, they could choose to be non-voting members as described in

Section 1(b) of this Article VI.

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b. Non-Owner professionals who provide design review services to the ADRC

would be non-voting members. By becoming non-voting members, they are

further separated from the final decision process, providing additional

protection in the event of litigation. Non-voting members will be invited to

the meeting as needed to present their findings of design reviews and are

welcome to attend the full meeting.

Section 2. Written Approval of Plans.

Before commencing any building operations, written approval for exterior Lot

modification of any kind must be obtained from the ADRC covering building and plot plans for

all structures erected, altered, renovated, remodeled, placed, assembled, or permitted to remain

on any Lot in the Subdivision, including garages, walks, fences, dog runs, landscaping, ditches

and walls. The ADRC approval shall cover style, design, appearance, harmony of external

design, building materials, location of the proposed structure with respect to topography, finish

grade elevation and the street frontage. No approval shall be construed as modifying, altering, or

waiving any of the provisions herein set out unless a variance is issued by the ADRC.

The ADRC approval shall be granted only after written application has been made to the

ADRC in the manner and form prescribed by it. In the event a Lot Owner desires to redecorate

the exterior of any existing structure, it shall only be necessary to submit the proposed new color

scheme to the ADRC for its approval. Remodeling or adding to existing structures or making

structural or architectural changes, including landscaping, shall require the Lot Owner to submit

complete plans to the ADRC as in the case of erecting new structures.

Each Lot Owner shall be responsible to properly and attractively landscape his Lot, and

maintain such landscaping. A landscape plan is to be a part of the house plans and is to be

submitted to the ADRC for approval. Landscaping must be completed as specified in the

landscape plan within 90 days of obtaining a Certificate of Occupancy of the main dwelling on a

Lot, subject to extensions granted by the ADRC (e.g., for planting season).

Section 3. ADRC Powers.

The ADRC shall develop, maintain, and recommend ADRC Design Guidelines as well as

rules and regulations related to the architectural process, subject to approval by the Board who

shall have final approval. The ADRC shall review submissions and render decisions in

accordance with the Design Guidelines and regulations as may be amended from time to time. If

requested by the ADRC, applications must be resubmitted to the ADRC. The Appeal Panel

Directors for all ADRC decision appeals is outlined in Section 6 below.

Section 4. Time of Decision.

The decision of a majority of the ADRC, acting in good faith in its sole discretion, upon

any matters submitted or referred to it, shall be final and shall be strictly followed. Any decision

or approval by the ADRC shall not relieve an applicant or Lot Owner from complying with any

requirement of a public authority having jurisdiction, and shall not constitute any representation

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or guaranty by the ADRC or a member thereof of compliance of the submitted matter with any

statute, ordinance, or regulation pertaining thereto.

Section 5. No Improvements Without Approval.

No exterior improvement of any kind, including building, garage, shed, walkway,

satellite dish, fence, wall, retaining wall, dog run, drainage ditch or system, landscaping or any

other structure shall be commenced, erected, placed or altered on any Lot in the Subdivision until

the building plans and specifications thereof, have been submitted to and approved in writing by

the ADRC as to conformity and harmony of external design with the existing structures or

general scheme in the Subdivision, and as to location of the building with respect to topography

and finished ground elevation.

Section 6. Grounds for Disapproval and Appeals.

The ADRC may disapprove any application through the following procedure and as also

provided in the Design Guidelines:

a. Should a Lot Owner submit plans to the ADRC for approval and later receive

a rejection of some portion of their project including related construction

violations and penalties, and should the Owner feel that the rejection and/or

penalties are inappropriate; the Owner may file an appeal. The first step in

this process is to request a hearing with the ADRC Committee at their next

ADRC meeting, which are held at least once per month. The Owner must

explain in writing the reasons why he feels the guidelines were not properly

and/or consistently applied.

b. The Owner has the option to bypass the ADRC hearing process and submit an

appeal directly to the Appeal Panel. The Appeal Panel shall consist of three

members of the Board not currently on the ADRC and two ADRC members.

c. After reviewing the ADRC hearing notes and decision, the Appeal Panel may,

at its discretion, make one of three decisions:

1. Not hear the appeal if it sees no grounds to do so.

2. Make a decision based on all data submitted by the Owner.

3. Schedule a hearing with the Owner at a mutually convenient time.

d. If a hearing is granted, the Owner would be free to bring his or her architect

and/or builder to attend the hearing but no lawyers can attend without ADRC

legal counsel present. No decisions will made at the hearing. The Owner will

be notified of the Appeal Panel’s decision in writing following the hearing,

generally within a few days.

e. The Appeal Panel may reach one of the following three decisions:

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1. Confirm the decision of the ADRC.

2. Request additional input and/or reconsideration from the full ADRC.

3. Reverse of modify the initial ADRC ruling as appropriate.

f. The Appeal process is to allow for a review of all available information to

determine if some information was not fully considered, or if additional

information was provided by the owner, his architect, or his builder that may

be relevant. Additionally, prior precedent may be considered and determined

to be relevant or non-relevant at the discretion of the Panel based on the best

information available.

g. While the Appeal Panel does not wish to delay construction, the owner must

realize that the appeal process could potentially have a substantial impact on

their construction schedule. The date of the next available hearing can be

requested via an e-mail sent to acservice@amiusa.net, or by phone (775) 626-

7333 to the office of the Common Interest Community Manager of the

Association (“CICM”). If the Appeal Panel decides that the matter should go

back to the full ADRC for reconsideration, any reconsideration would be at

the next regularly scheduled ADRC meeting. The schedule of ADRC

meetings can also be obtained from the newsletter or Association website.

When a final decision is made by the Appeal Panel that decision would be

sent in writing to the homeowner by Certified and First Class U.S. Mail.

Should the owner, his builder, architect, or other representative have entered into any

legal action against the ADRC and/or the Association concerning their construction project, the

right to appeal would be forfeited.

Section 7. Rules and Regulations.

The ADRC may from time to time adopt written rules and regulations of general

application governing its procedures and approval criteria which may include, among other

things, provisions for the form and content of application; required number of copies of plans

and specifications; additional architectural guidelines, provisions for notice of approval or

disapproval, and various approval criteria.

Section 8. Conformance to Plans Required.

After any plans and specifications and other data submitted have been approved by the

ADRC, no structure of any kind shall be erected constructed, placed, altered, or maintained upon

a Lot unless the same shall be erected, constructed, or altered in conformity with the plans and

specifications, color scheme, and plot plan approved by the ADRC. If any structure of any kind

shall be erected, constructed, placed, altered, or maintained on a Lot other than in accordance

with the plans and specifications, color scheme and plot plan theretofore approved by the ADRC,

such erection, construction, placing, alterations and maintenance shall be deemed to have been

undertaken without the approval of the ADRC ever having been obtained. ADRC approval is

required for any change requests to approved plans before proceeding.

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Section 9. Variances.

The ADRC may grant reasonable variances or adjustments from the provisions in this

Article or the ADRC Guidelines where literal application thereof results in unnecessary hardship

and if the granting thereof in the opinion of the ADRC will not be materially detrimental or

injurious to other Lot Owners.

Section 10. Certification of Compliance (COC).

At any time prior to completion of construction of an improvement, the Committee may

require a certification upon such form as it shall furnish from the Builder, contractor, Lot Owner

or a licensed surveyor that such improvement does not violate any height restriction, set-back

rule, ordinance or statute, nor encroach upon any easement or right-of- way of record and/or that

all construction is in strict compliance with plans approved by the ADRC.

Section 11. Compensation and Filing Fee.

Members of the ADRC may be compensated by reasonable fees charged for ADRC

services, if said fees are approved by the Board. As a means of defraying its expenses, the ADRC

shall require a filing fee set by the ADRC to accompany the submission of plans and

specifications for a new single family home and a filing fee for submitting plans for remodeling

or additions or exterior redecorating color scheme.

Section 12. Liability.

Notwithstanding approval by the ADRC of plans and specifications, neither it, the

Association nor any person acting on behalf of any of them shall be responsible in any way for

any defects in any plans nor specifications or other material submitted to the ADRC, nor for any

defects in any work done pursuant thereto. Each person submitting such plans or specifications

shall be solely responsible for the sufficiency thereof and the adequacy of improvements

constructed pursuant thereto. No member of the ADRC shall be held liable to any person,

whether a Lot Owner or not, on account of any action or decision of the ADRC or failure of the

ADRC to take any action or make any decision.

Section 13. Enforcement.

In the event any improvement shall be commenced without ADRC approval as herein

required, or in the event any improvement is constructed not in conformance with plans

approved by the ADRC, or not in conformance with this Declaration, the same shall constitute a

violation of this Declaration. In addition to the remedies for violation of any portions of this

Declaration set forth in herein, the ADRC shall also have the power and authority to institute

arbitration, legal or other appropriate proceedings to enjoin or otherwise prevent a violation of

the provisions of this Declaration, and to recommend fines for levy by the Board. All costs of

dispute resolution, including attorney's fees, shall be charged to and paid by the Lot Owner if the

Association prevails. Such charges shall constitute a lien on such Owner’s Lot as provided in

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Article III hereof from the date of entry of the judgment therefore in the judgment docket. In the

event the Association is not successful, each party shall pay its own costs and attorney’s fees.

ARTICLE VII

PROVISIONS FOR NONRESIDENTIAL AREA USES

Section 1. Applicability of Declaration.

As further defined in Exhibit D, certain parcels of the Golf Course are not a part of the

Subdivision. However, the Nonresidential Areas Owner hereby agrees to and executes this

Declaration for the purpose of obtaining the benefits and bearing the burdens hereof. All provisions of this Declaration shall apply to the Nonresidential Area and be binding on the

Nonresidential Area Owner, except the provisions of Articles IV, V, and IX. All references to

real estate in this Declaration shall also refer to the Nonresidential Area and the Nonresidential

Area Owner when the context so applies.

Section 2. Membership in Association and Voting Powers.

The Nonresidential Area Owner is not a member of the Association, shall not have voting

power, and shall not have any liability for assessments.

The Board may, in its sole discretion, decide to allow non-Association members of any

Nonresidential Area Owner defined in this Declaration to use Common Elements and Common

area facilities and, if deemed appropriate, the Board may determine and charge a fee for said use.

The use of Common Elements is not an automatic privilege for any Nonresidential Area Owners.

Section 3. Association Easements to Nonresidential Areas.

The Association hereby grants to the Nonresidential Area Owner the following easements

through this Declaration:

a. non-exclusive easement permitting golf balls to come upon any portion of the

Subdivision from the Golf Course. The existence of this easement shall not

relieve golfers of any liability for real and/or property damage and/or bodily

harm caused by errant golf balls.

b. non-exclusive easement of access and use over those portions of the Common

Areas reasonably necessary, including cart path crossings, with or without the

use of maintenance vehicles, and equipment, for the operation, maintenance

and repair of the Golf Course.

c. non-exclusive easement for overspray of water or runoff on any portion of the

Subdivision from any irrigation system serving the Golf Course, including the

use in any irrigation system of non-potable water (e.g., untreated creek water

or effluent from a sanitary sewer treatment plant).

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d. non-exclusive easement, to the extent reasonably necessary, over the

Subdivision for the installation, operation, maintenance, repair, replacement,

monitoring and controlling of irrigation systems and equipment; including,

without limitation, wells, pumps and pipelines, serving all or portions of the

Golf Course.

e. non-exclusive easement, to the extent reasonably necessary, over the

Subdivision for the installation, maintenance, repair, operation, replacement

and monitoring of utility lines, wire, drainage pipelines and other utility

facilities serving the Golf Course.

f. non-exclusive easement over the Subdivision for natural drainage of storm

water runoff from the Golf Course.

g. non-exclusive easement of access over all Common Area streets located or to

be located within the Subdivision, for the Nonresidential Areas Owner; its

agents, successors and assigns, as well as guests, invitees, licensees, patrons,

members, employees, and authorized users of the Nonresidential Area,

reasonably necessary to travel to and from the Nonresidential Area, and

Common Area parking places within the Subdivision at reasonable times and

places in conjunction with special events and other similar functions held at

the Nonresidential Area.

Section 4. Nonresidential Area Owner Easement to Association.

The Nonresidential Area Owner hereby grants to the Association the following easement

on its maintenance facility driveway and gate:

a. A permanent vehicle and pedestrian easement of access to the Association

Maintenance Facility and related land located in parcel 152-472-03.

b. A permanent easement for drainage issues or other necessary maintenance.

Section 5. No Liability for Use of Certain Easements for Golf Course.

The Association and the Nonresidential Area Owner shall not be liable to each other or to

any Lot Owner for damage or injury caused by errant golf balls, overspray or runoff of Golf

Course irrigation or other use of the Golf Course easements granted by the provisions of this

Article. However, users of the Golf Course shall be liable to the Association and/or Lot Owners

for real and personal property damage and bodily injury caused from errant golf balls. Whenever

possible, the Nonresident Owner shall assist injured party with identifying the liable golfer.

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Section 6. Access to The Club at ArrowCreek.

Non-Resident Members, Guests and tournament players of The Club at ArrowCreek shall

have unrestricted access to the Club and Golf Course as long as FOA is not in payment default

(with 30 day cure period), and the FOA cooperates with ArrowCreek Security to ensure effective

access procedures.

Section 7. Golf Course View Impairment.

In addition to Section 3 of Article V, neither the Association nor the Nonresidential Area

Owner guarantees or represents that any view over and across the Golf Course from Lots or

Common Areas shall be preserved without impairment. The Nonresidential Area Owner shall

have no obligation to prune or thin trees or other landscaping, and shall have the right, in its sole

and absolute discretion, to add trees and other landscaping to the Golf Course, as well as to

construct safety or security related improvements such as fences and screens. In addition, the

Nonresidential Area Owner may, in its sole and absolute discretion, change the location,

configuration, size and elevation of the trees, bunkers, fairways and greens, or holes on the Golf

Course. Any such additions, improvements or changes to the Golf Course that may diminish or

obstruct any view from the Lots or any expressed or implied easements for view purposes or for

the passage of light and air, are hereby expressly disclaimed by the Association and

Nonresidential Area Owner.

Section 8. Limitation on Amendments.

In recognition of the fact that the provisions of this Article are primarily for the benefit

of the Nonresidential Area Owner, no amendment to this Article may be made without the

written approval of the Nonresidential Area Owner and the Association.

Section 9. Fire Control Maintenance and Weeds.

The Nonresidential Area Owner shall be responsible for the maintenance of any fire fuel

modification areas and firebreak areas located on its property, such as removal of certain trees,

dead limbs and other dead vegetation. All barbeque appliances must be lidded. Minimum

defensible space requirements adopted by Washoe County and, if applicable, by the cognizant

Fire Protection District, shall be maintained. No noxious weeds, diseased plants or infected

vegetation of any kind or character shall be placed or permitted to grow. However, native

vegetation will be allowed as permitted herein.

Section 10. Shared Use of Storage Parcel.

The Pit will be jointly and cooperatively used by the FOA and the Association for storage

of material and equipment. Both parties will be responsible for the ongoing maintenance and

clean-up of this area.

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ARTICLE VIII

OTHER EASEMENTS

Section 1. Reservation.

The following easements (also constituting irrevocable licenses) over each Lot and all

Common Areas, and the right of ingress and egress to the extent reasonably necessary to exercise

such easements, are reserved to the Association and are granted for the benefit of the

Association:

a. Utilities. - Such easements for the installation, maintenance and operation of

all utilities as shown on recorded final maps of the Subdivision, together with

the right to extend all utility services within such easements to other areas

being developed within the Subdivision (including street lights) and the right

to cut, trim or remove trees and plantings wherever necessary in connection

with such installation, maintenance and operation.

b. Fencing Facing Common Area. - An easement on all applicable Lots to install

or maintain (including repair and reconstruction) Lot fencing which faces

Common Area, including without limitation streets, the Golf Course, and the

swim and tennis facilities. The Association shall decide for each specific Lot,

in the Association's sole discretion, whether any said fencing shall be installed

or maintained, in order to enhance or preserve the general appearance of the

Subdivision. The Association shall have the right, but not the obligation to do

so. Any said fencing not so maintained by the Association shall be

maintained by the Lot Owner. The Association may elect to maintain in its

sole discretion, only the side of said fencing facing the Common Area in

which case the Lot Owner shall maintain the remainder of the fence. In the

event the Association elects to maintain a Lot Owner's fence as specified in

this subsection, the Lot Owner shall not be charged the expense other than as

part of the Lot Owner’s pro rata assessment for all Association costs.

c. Common Area. - An easement on, over and under all Common Area, in the

Subdivision for the purpose of installing, maintaining and operating utilities to

serve any portion of the Subdivision; for purposes of drainage control; for

access to any Lot; for the purpose of construction or maintenance of Common

Area improvements or Subdivision improvements; and for providing access

to undeveloped portions of the Subdivision for any and all purposes at any and

all times, including, but not by way of limitation, the right to use said

Common Areas during construction of improvements on undeveloped

portions of the Subdivision.

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d. Signs. - An easement within ten (10) feet of a street or other Common Area

for the installation of street and traffic signs (or other signs reasonably related

to the regulation or enforcement of provisions of this Declaration) on all

Subdivision Lots, together with the right to cut, trim or remove trees and

plantings wherever necessary in connection with such installation,

maintenance, repair and reconstruction.

e. Snow Plowing and Snow Placement. - An easement within ten (10) feet of any

street or other Common Area upon all Subdivision Lots for the placement of

snow plowed from that adjacent street or Common Area, provided that this

easement is not intended to create a snow storage or dumping area on any

Subdivision Lot, but only to allow the berming and placement of snow plowed

from a street or other Common Area immediately adjacent to a Lot in order to

clear the street of snow for the safe passage of vehicles and pedestrians on the

street, walking paths or other Common Area.

f. Right of Entry. - The Association shall have the right, but not the obligation,

to enter upon any Lot for emergency, security, and safety reasons or to

perform maintenance allowed or required of Association pursuant to

provisions of this Declaration or pursuant to County requirements, as well as

for the purpose of insuring or enforcing compliance with this Declaration,

which right may be exercised by any member of the Board or the ADRC,

officers, agents, employees, and managers, and all policemen, firemen,

ambulance personnel, and similar emergency personnel in the performance of

their duties. Except in an emergency situation, entry shall only be during

reasonable hours and after notice to the Lot Owner. This right of entry shall

include the right of the Association to enter upon any Lot to cure any

condition which may increase the possibility of a fire or other hazard in the

event a Lot Owner fails or refuses to cure the condition within a reasonable

time after request by the Board. However, this right shall not authorize entry

into any occupied single family dwelling without permission of the occupant,

except by emergency personnel acting in their official capacities.

Section 2. Use or Maintenance by Owners.

The areas of any Lot affected by the easements reserved in this Article shall not be

improved with structures placed or permitted to remain (or other activities undertaken) thereon

which may damage or interfere with the use of said easements for the purposes set forth herein.

Section 3. Liability for Use of Easement.

No Owner shall have any claim or cause of action against the Declarant, the Association,

or the Nonresidential Area Owner arising out of the use or nonuse by any person of any

easement reserved or created by this Declaration.

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Section 4. Driveway and Landscaping Maintenance Easements.

In order to provide access to all Lots, a permanent nonexclusive driveway, landscaping

and maintenance easement for the benefit of each Lot (the “Easement Area”) is granted to Lot

Owners. The Easement Area is the area of street right-of-way adjacent to a Lot, between the Lot

and the street pavement, from the Lot boundary line(s) to the outer edge of the street header or

curb. This easement shall be for the following purposes and subject to the following conditions:

a. Each Lot Owner shall install, maintain and repair a driveway, mail box

monument and landscaping in the Easement Area per the Design Guidelines

and as approved by the ADRC.

b. The Lot Owner is responsible for the drainage pipe under a Lot’s driveway

and five (5) feet on either side of the driveway that is adjacent to the street.

The Lot Owner shall not be required to maintain other flood control, sidewalk,

path or storm drain improvements in the Easement Area, which shall be the

obligation of the Association under the Declaration.

c. No structures, fencing or other improvements other than a driveway and

landscaping (including irrigation lines) may be placed or maintained in the

Easement Area by the Lot Owner without prior approval of the ADRC.

d. The Lot Owner shall have the right of access to the Easement Area for the

purposes of this Easement.

e. No trees, shrubs or other landscaping shall be placed or maintained by the Lot

Owner in the Easement Area which will impair or interfere with any flood

control, sidewalk, path or storm drain improvements (or other improvements

of the Association) in the Easement Area, and the Association shall have the

right to remove same without compensation or liability to the Lot Owner.

f. Any damage to the driveway or landscaping within the Easement Area caused

by construction, maintenance or repair of flood control, sidewalk, path or

storm drain improvements (or other improvements of the Association placed

in the Easement Area) shall not result in any claim or liability by the Lot

Owner against the Association.

Section 5. Modification.

None of the easements and rights granted under this Article VIII may be modified,

terminated or abridged without written consent of the persons in whose favor easements run.

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ARTICLE IX

PROTECTION OF LENDERS

Section 1. Encumbrance of Lots Permitted.

Any Lot or Nonresidential Area Owner may be encumbered with a deed of trust. The

Association may encumber Common Area only for purposes of a loan.

Section 2. Breach of Covenants.

A breach by any Owner of any of the provisions of this Declaration shall not defeat or

render invalid the lien of any mortgage or deed of trust made in good faith and for value;

provided however, the provisions of this Declaration shall be binding upon the Owners whose

title thereto is acquired under foreclosure, trustee's sale, or otherwise.

Section 3. Notice of Default.

Upon written request to the Association, the beneficiary of a first deed of trust

encumbering real estate subject to this Declaration shall be entitled to written notification from

the Association of any default by the Owner of that real estate in the performance of such

Owner's obligations under this Declaration that is not cured within ninety (90) days.

Section 4. Insurance Proceeds and Condemnation Awards.

No provision of this Declaration or the Association Articles shall give an Owner, or any

other party, priority over any rights of a first deed of trust beneficiary in the case of a distribution

to the Owner of insurance proceeds or condemnation awards.

Section 5. Appearance at Meetings.

Because of its financial interest in the Subdivision, any beneficiary of a first deed of trust

may appear (but cannot vote) at meetings of the Association.

Section 6. Examination of Records.

Beneficiaries of first deeds of trust shall have the right to examine the books and records

of the Association and can require the submission of financial data concerning the Association,

including annual reports, audits and operating statements as and when furnished to the Owners.

ARTICLE X

COMPLIANCE WITH COUNTY CONDITIONS

Section 1. Perpetual Funding.

The provisions of Article III are intended to establish perpetual funding for the

maintenance of all Common Area.

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Section 2. Enforcement of Special Assessment and Lien Provisions by County.

In the event the Association fails to enforce any of the following described provisions of

this Declaration:

a. the obligation of the Association to properly maintain all Common Areas in

the Subdivision; or

b. the obligation of the Association to pay prior to delinquency all County taxes

and assessments levied against Association property or against the

Association;

then County shall be entitled to commence an action to enforce such provisions by any means

allowed in law or equity, including the levy of a special assessment against all of the Owners,

which special assessment shall be secured by a lien in the manner provided in Article III hereof.

Notwithstanding the foregoing, the County shall be entitled to commence such action

only after:

a. the County has given reasonable notice (which shall be not less than thirty

(30) days) to the Association, describing such violation, or if no Association is

in existence, by publication of reasonable notice in a newspaper of general

circulation in Washoe County; and

b. the Association or the Owners shall have failed to cure such violation within a

reasonable time thereafter to the reasonable satisfaction of Washoe County.

Section 3. Disclaimer of County Responsibility.

WASHOE COUNTY WILL NOT ASSUME RESPONSIBILITY FOR

MAINTENANCE OF THE PRIVATE STREET SYSTEM NOR ACCEPT THE

STREETS FOR DEDICATION TO WASHOE COUNTY UNLESS THE

STREETS MEET THOSE WASHOE COUNTY STANDARDS IN EFFECT AT

THE TIME OF OFFER FOR DEDICATION.

Section 4. Public Access Easements.

Certain Common Areas within the Subdivision shall be open to the public. An access

easement for these purposes is hereby granted to Washoe County on behalf of the public, at

reasonable times during daylight hours and subject to reasonable restrictions imposed by the

Association to reconcile issues of security, privacy and non-access for private residential areas of

the Subdivision with the right of limited public access as described in this Section.

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Section 5. Notice of Sewer User Fees.

All uses in the Subdivision requiring sanitary sewer connection will be required to pay a

sewer connection fee, specified by County ordinance and administered by the County Utility

Services Division, unless otherwise provided by the County.

Section 6. Setbacks for Overhead Power Lines.

Overhead electrical power lines traverse portions of the Subdivision. The minimum

setbacks specified in the National Electric Safety Code shall be required in all applicable areas in

proximity to these overhead power lines.

Section 7. Notice of Pedestrian Access.

Subject to rules and restrictions of the Association, open space and private trails (as well

as public trails) abutting Lots shall have access by pedestrians. To the extent said open space and

private trails are also Common Area, pedestrian or other types of access may be denied to the

general public and may be further restricted by the Association.

Section 8. Limitation On Water Use/Lot Owner Liability For Excess Water

Rights.

The Declarant entered into a certain Water Dedication Agreement ("Water Agreement")

dated March 18, 1997 with the County, the water service provider for the Subdivision. The

Water Agreement required Declarant to dedicate sufficient water rights acceptable to the County

for use on each Lot, pursuant to a proscribed dedication schedule (" Schedule") based on the size

of each Lot. The Nevada State Engineer approves the dedication and use of these water rights on

each Lot prior to construction of a residence on the Lot. If Lot Owners in the Subdivision

actually use more water on their Lots in the aggregate on an average annual basis than the water

rights so dedicated, pursuant to a verification procedure specified in the Water Agreement, the

Association is then required to dedicate an additional amount of water rights acceptable to the

County necessary to make up the difference between the actual aggregate water usage by Lot

Owners and the amount of water rights dedicated for the Lots pursuant to the Schedule

("Deficiency").

In the event the Association is required by the County to dedicate water rights for a

Deficiency, each Lot Owner whose actual water usage exceeds the water rights dedicated for that

Owner’s Lot shall be liable to the Association to either provide the additional water rights or to

reimburse the Association a sum of money sufficient to pay for the value and costs of the water

rights the Association must dedicate for the Lot, in the following manner:

a. After a Deficiency is established pursuant to the provisions of the Water

Agreement, the Association shall ascertain from the Subdivision water meter

usage records which Lots have exceeded by water usage the amount of water

rights dedicated under the Schedule, and the amount of excess water used on

each Lot. The Association shall then deduct from this amount an amount of

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water equal to the percentage in which the aggregate amount of excess Water

used by Lots which have exceeded by usage the water rights dedicated under

the Schedule exceeds the Deficiency. The result shall be the deficiency in

water rights for each Lot for which each said Lot Owner is liable ("Lot

Deficiency"). For example if the Deficiency is 100 acre feet per annum and

the total aggregate of excess water used by all Lots exceeding by water usage

the water rights dedicated under the Schedule is 120 acre feet, then the actual

excess water usage for each Lot would be reduced by 20% to arrive at the Lot

Deficiency.

b. The Association shall notify each Lot Owner by certified mail at the Lot

address of his Lot Deficiency and the fair market value of water rights

constituting the Lot Deficiency (including costs of application, permits and

consultant's fees to transfer the water rights to the County) (''Lot Deficiency

Cost").

c. Each Lot Owner with a Lot Deficiency shall have sixty (60) days from the

date of delivery of the notice (or the date said notice is returned as undelivered

or refused) either to pay to the Association the Lot Deficiency Cost or to

deliver to the Association an amount of water rights acceptable to the County

equal to the Lot Deficiency.

d. In the event a Lot Owner fails or refuses to perform its obligations under

Subsection c. above, the Association shall be entitled to a lien against the Lot

Owner's Lot in the amount of the Lot Deficiency Cost (plus all costs and

attorneys fees reasonably incurred for collection, and interest on the Lot

Deficiency Cost at the rate of twelve percent (12%) per annum until paid) in

which case the Association may record a Notice of Lien against said Lot in the

office of the Recording Washoe County, and the Lot Owner shall be

personally liable, in addition to any other legal or equitable remedy allowed to

the Association by law, for the Lot Deficiency Cost. Said lien, upon recording

of the Notice of Lien, shall be a burden on the Lot which runs with the land

and binds all successors and assigns.

ARTICLE XI

MISCELLANEOUS GENERAL PROVISIONS

Section 1. Enforcement.

Except as expressly limited herein, Association or any Owner shall have the right to

enforce the provisions of this Declaration now or hereafter imposed by arbitration as prescribed

by Nevada Revised Statutes 38.300-360, or by any proceeding at law or in equity. Failure by the

Association, Declarant or by any Owner to enforce any provision shall in no event be deemed a

waiver of the right to do so thereafter. The Association may establish and impose administrative

procedures for resolving claims or disputes arising from the interpretation, application or

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enforcement of any provisions stated herein, or specified in the Articles, Bylaws, or rules and

regulations adopted by the Association or the ADRC.

Section 2. Suspension of Privileges.

The Board may, anything herein to the contrary notwithstanding, suspend all voting

rights, other membership rights and all rights to use the Association's Common Areas of any

Owner for any period during which any Association assessment against such Owner’s property

remains unpaid, or during the period of any continuing violation of the provisions of this

Declaration by such Owner after the existence thereof has been declared by the Board, including

a violation by virtue of the failure of a member to comply with the rules and regulations of the

Association, provided the Association first complies with the following procedures:

a. Notice. - Association must either mail to the Owner by U.S. Mail, or

personally deliver to the Owner a notice that voting rights, other membership

rights and rights to use the Common Area will be suspended unless the unpaid

assessments are paid or the violation is cured, as the case may be, within

fourteen (14) days of delivery of the notice. Notice by registered mail shall be

deemed delivered 48 hours after deposit with the U.S. Postal Service or on the

date a receipt is signed, whichever is earlier.

b. Opportunity to be Heard. - The notice shall also specify, in the case of a

proposed suspension on grounds other than failure to pay an assessment, that

the Owner may protest the suspension by written notice to the Board delivered

to any Board member in the manner specified above in subsection (a). In the

event of a written protest requesting a hearing, the suspension shall not take

effect until the Board has held a hearing to consider the protest and made a

decision on the merits of the protest.

Section 3. Severability.

Invalidation of any one of these covenants, conditions or restrictions by judgment or

court order shall in no way affect any other provisions, which shall remain in full force and

effect.

Section 4. Amendment.

This Declaration shall run with and bind the land for a term of twenty (20) years from the

date this Declaration is recorded, after which time it shall be automatically extended for

successive periods of ten (10) years, unless at least a Majority of the Owners with voting power

agree to terminate this Declaration, effective at the end of the then current term or ten (10) year

extension period, in which case a notice signed by said Owners must be executed and recorded.

This Declaration, subject to its provisions, may be amended by at least a Majority vote of the

Owners with voting power. Any amendment must be recorded or it has no effect. For purposes of

the Section, the written approval or signature of one of the Owners, for a Lot with more than one

Owner, shall be deemed sufficient.

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Section 5. Liability.

Neither the County, ADRC, Association, nor any Owner shall be deemed liable in any

manner whatsoever to any other Owner in the Subdivision or third party for any claim, cause of

action or alleged damages resulting from:

a. design concepts, aesthetics, latent or patent errors or defects in design or

construction relating to improvements constructed on Lots, whether shown or

omitted on any plans and specifications which may be approved by the

ADRC, or any buildings or structures erected therefrom; and

b. any waiver of or failure to enforce a provision hereof; or failure to inspect or

certify compliance with approved plans and specifications.

Section 6. Attorney’s Fees and Costs.

In any action to enforce or administer the provisions hereof; the prevailing party shall be

entitled to reasonable attorney’s fees and costs.

Section 7. Cumulative Rights/Waiver.

Remedies specified herein are cumulative and any specification of them herein shall not

be taken to preclude an aggrieved party's resort to any other remedy at law or in equity. No delay

or failure on the part of any aggrieved party to invoke an available remedy in respect of a

violation of any provision of this Declaration shall be held to be a waiver by that party of any

right available to him upon the recurrence or continuance of said violation or the occurrence of a

different violation.

Section 8. Grantee's Acceptance.

Each grantee or purchaser of real estate subject to this Declaration shall by acceptance of

a deed conveying title thereto, or the execution of a contract for the purchase thereof, accept such

deed or contract upon and subject to each and all of the provisions of this Declaration and to the

jurisdiction, rights, powers, privileges and immunities of the Association. By acceptance such

grantee or purchaser shall for himself (his heirs, personal representatives, successors and assigns)

covenant, consent and agree to with the grantees and subsequent Owners to keep, observe,

comply with and perform all of the provisions of this Declaration and shall further agree to the

continuation and completion of the Subdivision and all parts and projected Lots therein.

Section 9. Captions.

Paragraph captions in this Declaration are for convenience only and do not in any way

limit or amplify the terms or provisions hereof.

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Section 10. Use of the Words “Southwest Pointe” and “ArrowCreek”.

No person shall use the words "Southwest Pointe" or “ArrowCreek” or any derivative, or

any other term which Declarant selected to name or identify the Subdivision or any component

thereof, in any printed or promotional material without the Declarant's or the Association’s prior

written consent. However, Owners and the Nonresidential Owner may use “ArrowCreek” in

printed or promotional matter solely to specify that particular property is located within the

Subdivision, and the Association and the Nonresidential Owner shall be entitled to use the word

“ArrowCreek” in its name and in the normal conduct of its business.

Section 11. Interpretation.

The Association shall have sole right and authority to interpret any of the provisions of

this Declaration, which interpretation shall, so long as the same is reasonable, be conclusive.

Section 12. Choice of Law/Venue.

This Declaration shall be construed and enforced in accordance with the laws of the State

of Nevada, and venue for any action arising from this Declaration shall be in Washoe County,

Nevada.

Section 13. Gender And Number.

Unless the contract otherwise requires, when used herein, the singular includes the plural

and vice versa, and the masculine includes the feminine and neuter and vice versa.

THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY

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WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and

year first above written.

Dated this ___ day of ________________________ 2015.

ArrowCreek Homeowners Association, a Nevada corporation

___________________________________

Sam Fox, President

STATE OF NEVADA )

ss.

COUNTY OF WASHOE )

On _____________________, personally appeared before me, a notary public,

Sam Fox, personally known (or proved) to me to be the person whose name is subscribed to the

foregoing instrument, who acknowledged to me that he is the President of ArrowCreek

Homeowners Association, a Nevada corporation, and who further acknowledged to me that he

executed the foregoing Declaration on behalf of said corporation.

__________________________________

NOTARY PUBLIC

CONTINUES ON NEXT PAGE

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Dated this ___ day of ________________________ 2015.

Friends of Arrowcreek, a Nevada limited liability corporation and Nonresidential Owner

as defined herein

___________________________________

Gary W. Pestello, Managing Member

STATE OF NEVADA )

ss.

COUNTY OF WASHOE )

On _____________________, personally appeared before me, a notary public,

______________________, personally known (or proved) to me to be the person whose name is

subscribed to the foregoing instrument, who acknowledged to me that he is a Manager of Friends

of Arrowcreek, a Nevada limited liability corporation, and who further acknowledged to me that

he executed the foregoing Declaration on behalf of said corporation.

__________________________________

NOTARY PUBLIC

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EXHIBIT A

156

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EXHIBIT B

ARROWCREEK HOA DRAFT Declarations of Covenants, Conditions and Restrictions (CCRs) Rev. Nov 12, 2015 – With Golf

EXHIBIT C IS THE MAP THAT WAS RECORDED WITH THE ORIGINAL DOCUMENT. THIS HAS NOT BEEN CHANGED. THE MAP WILL BE INCLUDED WITH THE FINAL VERSION. EXHIBIT D IS THE LEGAL DESCRIPTION THAT SHOWS THE DELINEATION BETWEEN ARROWCREEK HOA (ACHOA) AND FRIENDS OF ARROWCREEK (FOA) PROPERTY OWNERSHIP. THIS DOCUMENT IS CURRENTLY BEING DRAFTED AND WILL BE INCLUDED IN THE FINAL VERSION.